Civil law review
Transcript of Civil law review
Introduction to TortsChapter 18
Crimes vs. Torts A crime is a “public” wrong
committed against society (in addition to the specific victim)
A tort is a “private” wrong committed against an individual
Key Differences Parties Burden of Proof Remedies
Two Key Questions in Torts
1. Who is liable for harm caused by the activity in question?
Liable- Legal responsibility for an act
2. How much should the liable person have to pay? (damages)
What are the goals of awarding damages?• Compensation• Deterrence• In some cases, punishment
• Whenever a person or property is injured, someone has to pay for the costs associated with the injury
• Tort law the is concerned with determining who must pay and how much they are liable.
• Remedy- Something to make up for harm done, ordered by the court in a civil case
• Settlement- Mutual agreement between parties in a Civil law suit, prior to final judgment, usually to avoid a trial, a settlement is legally binding• 90 % of all civil cases end with a settlement versus
going to court
The Idea of Liability
Three Classes of Torts
Negligent tort - negligence Example 1: Mary carelessly runs a
red light and hits Tim’s car, damaging both the car and Tim.
Intentional tort - assault Example 2: Ben gets mad at Bart and
punches him in the nose.
Strict liability tort - defective (unreasonably dangerous) product Example 3: Joe takes an over-the-
counter medication and has an adverse reaction
Taking Your Case to Court
In a Civil Case the injured party [plaintiff] brings a law suit against the person that caused the harm [defendant]
Standard of Proof- Amount of evidence needed to win a case. Is much less in a Civil Case, simply more than 50% of the evidence must show that the defendant was liable.
A person can never go to jail for committing a Tort, only a Crime can send a person to jail. Remember some torts are also crimes, but must be tried in separate cases.
Who Can be Sued? Almost anyone can be sued including Individuals,
groups, organizations, businesses, and even units of government can be sued.
Plaintiffs may sue multiple defendants looking for the one with Deep Pockets
Sometimes a group of people will bring a lawsuit against a person or company. Class Action [law suit]- Lawsuit brought by one or more persons on behalf of a larger group [class]
Children can be sued, but to recover damages from a Minor a plaintiff must show the the child acted unreasonably for their age and experience.
Who is Immune? Parents generally cannot be sued by their
children
A spouse generally cannot be sued by their spouse
The State and Federal Government cannot be sued unless they Waive- Give up their right to be sued “The King can do no Wrong”
Federal Tort Claims Act makes the government liable for negligent acts by employees
Workers’ Compensation
Workers compensation works to automatically compensate employees who are injured on the job
Workers that are injured do not have to go to court to gain benefits, even if they were at fault
In exchange for this agreement workers usually give up the right to sue their employer for the injury
Most states limit the benefits for employees that fail to follow safety guidelines or may deny benefits if the employee was impaired by drugs or alcohol
Insurance Primer
Liability insurance - protects the insured against liability for negligent torts
CGL (comprehensive general liability) is carried by most businesses• Usually includes coverage for defective
products• Intentional torts are usually not covered
Malpractice insurance - specialized insurance for professionals (doctors, lawyers, etc.) Coverage up to policy limits
INTENTIONAL TORTSChapter 19
Damages in Intentional Tort Cases
Compensatory—damages that compensate the plaintiff for harm caused by the defendant
Examples Lost wages, medical bills, “pain and
suffering,” loss of consortium
Nominal—a small or “token” amount of damages awarded as a symbol of wrongdoing
Punitive—damages to punish the person committing the intentional tort
Intentional Torts—Injury to Persons
Battery—intentional harmful or offensive contact (touching)
Examples Shoving
Hitting
Slapping
Intentional Torts—Injury to Persons
Assault—action that puts another person in fear of an immediate harmful or offensive contact
Actual contact is not required
Intentional Torts—Injury to Persons
Infliction of emotional distress—words or actions intended to cause extreme anxiety or emotional distress
Conduct must be outrageous
Intentional Torts—Injury to Persons
False Imprisonment —intentional, wrongful confinement of a person against his will
Example: restraining a suspected
shoplifter Allowed, but must be
reasonably brief and use no greater restraint than necessary to protect property
Intentional Torts—Injury to Persons
Defamation—oral (slander) or written (libel) statements that are false, and which harm a person’s reputation
Must be a statement of fact, not opinion
“Public figures” must prove actual malice (intent to harm, not just intent to say something)
Intentional Torts—Injury to Property
Real property—land/real estate
Personal property—things that can be moved
Intellectual property—inventions and creative works
Intentional Torts—Real Property
Trespass—entry onto real property without owner’s permission
Can a trespasser sue you for damages if they hurt themselves while trespassing? Only for things like booby-traps Higher duties are owed to guests
and business invitees
Intentional Torts—Real Property
Nuisance—unreasonable interference with ability to use and enjoy property
Examples Repetitive loud noises at
unreasonable times of day Odors Plaintiff can recover damages
and/or receive injunctive relief (stop doing it!)
Intentional Torts—Personal Property
Conversion—unlawfully exercising control over another person’s personal property
May use reasonable force to protect property
Some states allow use of deadly force (“Make My Day” laws)
Intentional Torts—Intellectual Property
Infringement—unauthorized use of a patented or copyrighted work
Patents protect inventions for 20 years; after that, the invention becomes public domain
Must be granted by US Patent and Trademark office
Copyrights apply automatically when a work is created Covers the work for the lifetime of the holder, plus 70 years
Defenses
1. Consent—no intentional tort occurs if a person consents to the conduct (e.g., football players, boxers, wrestlers)
2. Privilege—some persons have lawful authority over others (police, parents, etc.)
3. Self-defense—must use reasonable force
4. Defense of property
Negligence
Chapter 20
Four Elements Duty—defendant owes a duty of
care to the plaintiff (judge decides)
Breach of duty —defendant’s conduct breached or violated that duty (jury decides)
Causation —the defendant’s conduct legally caused the plaintiff’s injuries/harm
Damages —plaintiff suffered actual injuries or losses
Breach of Duty—The “Reasonable Person” Standard
Negligence cases are decided based on whether a person’s conduct conforms to that of “the reasonable person of ordinary prudence or carefulness”
Reasonableness—must evaluate:• Likelihood of harm• Seriousness of harm• Burden/cost of avoiding harm
Criminal acts may constitute breach of duty as a matter of law (negligence per se)
Causation
Two concepts:
• Cause in fact —harm would not have occurred without the wrongful act
• Proximate cause —the harm was reasonably foreseeable as a consequence of the wrongful act
Damages Goal —restore the plaintiff to pre-injury
condition (to extent possible)
Money is the primary remedy
Examples of damages:• Hospital and medical bills• Lost wages (past)• Lost future earnings• Property damage• Pain and suffering• Emotional distress• Mental/physical disabilities• Loss of consortium
Defenses Contributory negligence
• The Plaintiff's negligence contributed to the harm suffered
Comparative negligence (responsibility)• Plaintiff’s recovery reduced by own
percentage of responsibility
• Most states bar recovery if plaintiff >50% responsible
Assumption of Risk
STRICT LIABILITYChapter 21
What is Strict Liability?
Strict liability= liability without fault
Elements: Causation
Damages
Does not require proof of duty owed nor breach of duty, as required in negligence cases
Types of Activities
Strict liability applies to: Dangerous (“ultrahazardous”)
activities—an activity where risk cannot be eliminated even by reasonable care(1) wild animals kept as pets; and (2) domesticated animals whose tendency to bite is known
Defective (“unreasonably dangerous”) products
Types of Defects
Defective Design —product was made according to specs, but the design is bad
Manufacturing Defect —design is OK, but the product wasn’t manufactured properly
Failure to Warn —Instructions/Precautions/ Warnings were not adequate to protect the consumer
Defenses Intervening or super-
ceding cause —the defect did not cause the injury
Misuse—some misuse is foreseeable and therefore manufacturers must guard against or adequately warn